Maddy Joseph is a student at Harvard Law School.
The Supreme Court will consider whether agency-fee agreements in the public sector are constitutional. Read our round up of coverage on the cert. grant in Janus v. AFSCME here.
In other Supreme Court news, at Slate, Daniel Hemel explores Murphy Oil‘s potential impact on workers’ ability to pursue wage claims against their employers. Oral arguments in three consolidated cases, including Murphy Oil, are on Monday. Check here for more on the cases.
Customers who staffed a for-profit consignment shop in exchange for the opportunity to shop before others could were employees under the FLSA and were entitled to wages. Earlier this week, a D.D.C. judge upheld DOL’s determination that “consignor/volunteers” were employees, given their expectation of benefits in exchange for work, how integral their labor was to the business, and the degree of control the business had over volunteers, among other factors.
After a unionization vote at a Mississippi Nissan plant failed, the UAW filed a complaint with the NLRB alleging that Nissan “continues to maintain an employee surveillance, data collection and rating system that records employee union activity and rates workers according to their perceived support or opposition to the UAW.” Bloomberg obtained the complaint and has a summary.
Drawing on a recent report from the Century Foundation, a story in The New Republic argues that workers and unions should adopt a constitutional rights-based strategy to protect activities like strikes and union organizing.
Daily News & Commentary
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August 25
Consequences of SpaceX decision, AI may undermine white-collar overtime exemptions, Sixth Circuit heightens standard for client harassment.
August 24
HHS cancels union contracts, the California Supreme Court rules on minimum wage violations, and jobless claims rise
August 22
Musk and X move to settle a $500 million severance case; the Ninth Circuit stays an order postponing Temporary Protection Status terminations for migrants from Honduras, Nicaragua, and Nepal; the Sixth Circuit clarifies that an FMLA “estimate” doesn’t hard-cap unforeseeable intermittent leave.
August 21
FLRA eliminates ALJs; OPM axes gender-affirming care; H-2A farmworkers lose wage suit.
August 20
5th Circuit upholds injunctions based on challenges to NLRB constitutionality; Illinois to counteract federal changes to wage and hour, health and safety laws.
August 19
Amazon’s NLRA violations, the end of the Air Canada strike, and a court finds no unconstitutional taking in reducing pension benefits